Tribhuwan Ray @ Tribhushan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6950 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== TRIBHUWAN RAY @ TRIBHUSHAN RAY Son of Late Yogendra Ra Resident of Village- Hilalpur, P.S.- Hajipur Industrial Area, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra, Adv For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-06-2021 Heard learned counsel for the parties.

Petitioner seeks bail in Hajipur Industrial Area P.S Case No. 103 of 2020 registered for the offence punishable under Sections 341, 323, 324, 326, 307/34 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the uncle of Informant by means of Sickle as well as lathi on account of which he sustained multiple grievous injuries on his head.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to animosity. It has been further submitted that the parties are agnates and there is land dispute going on between the parties

Patna High Court CR. MISC. No.6950 of 2021(4) dt.30-06-2021 2/3 for partition of ancestral property. Petitioner has got no criminal antecedent and is in custody since 10.10.2020. From perusal of injury report, it appears that the injury sustained by uncle of the Informant has been found to be grievous in nature, as such I am not inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that petitioner named above be released on bail after completing one year of judicial custody, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Hajipur Industrial Area P.S Case No. 103 of 2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.6950 of 2021(4) dt.30-06-2021 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U